The Costa Law FirmFindLaw IM Template2020-05-26T06:35:46Zhttps://www.thecostalawfirm.com/feed/atom/WordPressOn behalf of The Costa Law Firmhttps://www.thecostalawfirm.com/?p=482452020-05-26T06:35:46Z2020-05-26T06:35:28Zwrongful termination situation.
No one ever expects they will be terminated from their job. These are situations that are serious and emotional, especially for those who believe they did nothing wrong. If a person believes they were unlawfully terminated from their job they may have a legal case. There are several grounds a person could fall under for wrongful termination in California. One example is for at-will employees. There are California labor laws that carve out exemptions to the at-will labor status including an implied contract where an employer is not to terminate without a good reason, fraud, etc. Another common form of wrongful termination is the whistleblower protection. In California, employers may not retaliate against their employees who report a suspected violation of their employer to the government, supervisor, law enforcement, etc.
Additional wrongful termination grounds can include wrongful discharge under the Fair Employment and Housing Act, a law prohibiting workplace harassment. Also, termination for political activities is not allowed. In addition, if an employer makes an employee’s working conditions so terrible that they don’t have a choice but to resign it can be grounds for wrongful termination.
A legal professional who is skilled in employment law can advise their client on whether they have a wrongful termination case. An attorney can defend their client’s rights and hold their employer accountable for their wrong actions if necessary.]]>On behalf of The Costa Law Firmhttps://www.thecostalawfirm.com/?p=482422020-05-08T11:11:03Z2020-05-08T11:11:02Zdifferent dangerous actions that drivers engage in while behind the wheels of their cars.
One of the most common distractions that affects driving safety is cell phone use. Modern cell phones are powerful devices that allow individuals to get directions, check and send messages, and even look up information in the blink of an eye. When a driver allows their attention to fall on their phone instead of the road, they may quickly cause a damaging collision.
Other forms of distractions that can impact drivers’ attention and focus are eating and drinking, attending to personal hygiene or grooming, talking to passengers, adjusting vehicle settings and music, and reading or reviewing documents. Driving distractions can truly be anything, and they are all dangerous when the cause drivers look away from traffic and lose sight of their surroundings.
Californians are involved in distracted driving accidents every day. While many are minor incidents, others are serious crashes that threaten the health and safety of innocent victims. Legal options for distracted driving accident victims may include litigation, which may be pursued with the help of personal injury attorneys.]]>On behalf of The Costa Law Firmhttps://www.thecostalawfirm.com/?p=482392020-05-07T07:03:52Z2020-05-07T07:03:51Zharassment in the work environment, it is imperative that you obtain a knowledgeable perspective on the matter.
The fast food franchise McDonald’s is not only recognized nationally but also has locations across the globe. Thus, when allegations of sexual harassment experienced by female employees working at a wide range of corporate-owned locations, this impacts all employees and anyone who visits the golden arches.
According to recent reports, a class action suit was filed against McDonald’s Corp, asserting that it subjected female employees to widespread sexual harassment. This class action focused on those employees at corporate-owned locations in Florida, and the suit was filed in Federal court in Chicago. The class action stated that the company has fostered a climate of severe or pervasive sexual harassment and a hostile work environment. Conduct such as groping, physical assaults and sexually charged verbal comments were included in the lawsuit.
More than 100 locations are represented in the suit; however, the exact number of women included in the class action suit was not stated. It was reported that they are seeking $500 million in compensatory damages as well as additional punitive damages.
In the complaint, it was alleged that McDonald’s failed to provide training to employees and supervisors to prevent sexual harassment, and when complaints of sexual harassment occurred, the serial harassers were just shuffled from one location to another without consequences. It was further asserted that those that complained were ignored and sometimes punished for speaking up.
Coming forward with allegations of harassment in the workplace is difficult. You are likely feeling many emotions, one of them being fear. It is common to fear for your job and to want to protect your reputation, but there are always options. Because it can be an overwhelming and confusing process, it is important to be aware of your legal rights and options so your interests are protected.]]>On behalf of The Costa Law Firmhttps://www.thecostalawfirm.com/?p=482362020-04-20T11:30:36Z2020-04-20T11:30:35Zworkplace discrimination and harassment is prevented and stopped. Yet, far too often inappropriate actions in the workplace leave workers exposed to maltreatment, and reporting such acts tends to lead to retaliation.
To see an example, just look at a recent class action lawsuit filed against fast food giant McDonalds. There, several women have come forward alleging that they have been subjected to ongoing sexual harassment and retaliation after filing complaints. The two women who filed the claim on their own behalf, as well as that of 5,000 other women, say that inappropriate comments were made about their bodies, they were inappropriately touched by a coworker, and they were sent sexually explicit images by a coworker. According to their claim, their hours were cut and one was eventually fired after complaining about the harassment.
The lawsuit alleges that McDonalds suffers from systemic sexual harassment and that there has been a lack of action to address the issue. McDonalds, of course, denies that it has failed to act.
Although this case is ongoing and the outcome is yet to be seen, it highlights the importance of sexual harassment cases. While sexual harassment can certainly cause emotional damage, retaliation directly related to complaints of sexual harassment can have a devastating financial impact on individual workers. It can be scary to take legal action against an employer, too. After all, while success may mean the recovery of compensation, it could also mean reinstatement to one's position. This, of course, can be uncomfortable, but it shouldn't prevent you from seeking legal recourse when you've been harassed or discriminated against in the workplace.
Instead, be brave like these McDonalds workers. After all, without action, nothing will change. By working with a competent legal professional, you might be able to increase your chances of finding accountability and recovering the damages you deserve.]]>On behalf of The Costa Law Firmhttps://www.thecostalawfirm.com/?p=482332020-04-03T10:55:15Z2020-04-03T10:55:14Zone experiment that seems promising for those affected by spinal cord injuries. There, electrodes were implanted on an individuals brain for the purpose of transmitting electrical impulses to a prosthetic attached to a once paralyzed limb. That prosthetic activates the muscles and, in this case, allowed the spinal cord injury victim to close his hand. All of this happened in a fraction of a second. After a year, the man has now reclaimed some of his ability to perform simple tasks such as holding a pen or a spoon.
Of course, given the newness of this research, it is only available in a lab setting. Experts hope to make the technology smaller and user-friendlier so that spinal cord injury victims can obtain the technology and easily use it in their day-to-day lives.
And this is just one of the many research projects underway to help those who are disabled by serious injuries. Until those technologies are made readily available, though, you might find yourself concerned about how to make ends meet, secure the treatment and rehabilitation you need, and ease your pain and suffering.
Hope isn’t lost here, either. If your injuries were caused by the negligence of another, then you may be able to recover compensation for your losses by pursuing a personal injury lawsuit. You’ll need to be armed with strong legal arguments, though, which is where the assistance of a skilled legal professional may prove beneficial.]]>On behalf of The Costa Law Firmhttps://www.thecostalawfirm.com/?p=482282020-03-27T06:07:22Z2020-03-27T06:07:21Zclass-action lawsuit against Spotify for its failure to pay overtime and failure to provide him with the benefits that non-exempt Spotify employees generally receive.
The employee, who worked with the music streaming service from 2016 to 2018, contended the company misclassified him as an independent contractor, which prevented him from getting overtime pay for the hours he worked in excess of 40 hours per workweek. He also alleged he was not allowed to take breaks normally given to Spotify employees and said he paid for his own streaming services and cellular data services, which should have been covered by Spotify.
Under the FLSA, employees are classified as exempt or non-exempt employees. Employees paid on an hourly basis may be classified as non-exempt and will be entitled to overtime pay for any hours worked over 40 hours. Salaried employees that meet certain criteria are generally classified as exempt, and therefore, their employers are not required to pay them for overtime hours. Independent contractors are also exempt from overtime, as they are not considered employees. However, some employers misclassify their non-exempt employees as independent contractors or exempt to avoid paying them overtime.
If you have been misclassified by your employer, you may be entitled to compensation for unpaid wages and liquidated damages. An employment law attorney in California can help you file a claim against your employer for violating federal or state laws and give you the best chance possible to recover damages.]]>On behalf of The Costa Law Firmhttps://www.thecostalawfirm.com/?p=482242020-03-11T06:17:10Z2020-03-11T06:17:08ZProducts liability law provides legal remedies to victims harmed by a dangerous or defective product. A products liability claim for damages can help injured victims recover compensation for their physical, financial and emotional damages. Injured victims may get help with their medical expenses, lost wages and pain and suffering damages through products liability legal resources.
Parties that may be held responsible for the harm or damages caused by a dangerous or defective product can include the manufacturer or the dangerous or defective product; the manufacturer of components of the parts of the dangerous or defective product; the party assembling or installing the dangerous or defective product; the wholesaler of the dangerous or defective product; the distributor of the dangerous or defective product; or the retailer that sold the dangerous or defective product to the consumer.
Defects can occur in design, manufacturing or marketing of the dangerous or defective product and a claim for damages due to a dangerous or defective product can be based on several different legal theories. Because products liability cases can be complex, it is necessary for injured victims to be familiar with legal resources that can protect them when they are unsuspectingly harmed by an everyday product.]]>On behalf of The Costa Law Firmhttps://www.thecostalawfirm.com/?p=482212020-03-11T05:28:15Z2020-03-11T05:28:14Zrecent research, those who had a TBI were four to six times more apt to suffer from dementia compared to those who never suffered a TBI. While this risk did go down over time, the researchers found that those who suffered a TBI still had a higher risk of developing dementia even decades after the injury compared to those who never suffered a TBI.
This is important to understand not just from a health aspect, but also from a financial one. Dementia is a long-term illness and one that might not manifest itself immediately following a motor vehicle accident. This means TBIs suffered in auto accidents may be much more serious than initially feared. A dementia diagnosis is life-altering and means a person will likely need costly medical care and personal care for the rest of their life.
Thus, when a person is presented with an insurance settlement or a legal settlement following a car crash, they should think carefully about whether to accept it. Attorneys in Gold River understand that deciding whether to accept a settlement is not easy. They can help clients understand their legal options, so their clients can make informed decisions. Our firm’s website has more information on catastrophic injuries, including TBIs.
A settlement accepted too hastily may prove to be insufficient to cover the long-term costs associated with a car crash. Medical expenses, personal care expenses and pain and suffering may not be apparent right away. If you find yourself in a situation where you suffered a TBI following a car crash, it is important that you understand your rights when it comes to financial compensation following the accident.]]>On behalf of The Costa Law Firmhttps://www.thecostalawfirm.com/?p=482182020-03-11T05:24:37Z2020-03-11T05:24:36Zrecall of more than 217,000 F-150s.
2018 through 2020 Ford F-150 model vehicles provided the buyer with the option of equipping their pickup truck with LED headlights. However, an issue has been uncovered regarding the vehicle’s headlight switch software.
The problem is that when motorists turn on their low-beam headlights, the vehicle’s daytime running lights do not turn off. And, when daytime running lights and low-beam headlights are both turned on, the combination of light is too strong for others on the road. This could lead to car accidents. It is important to note that this issue is only present when drivers manually turn on their low-beam headlights -- not when the switch stays at “auto.”
While to date it is not known whether this issue has caused any motor vehicle accidents, Ford also hasn’t stated when owners of the affected pickup trucks will be contacted regarding the recall. However, Ford dealers will be able to remedy the software issue at no cost to consumers.
It is important to pay attention to product recalls involving automobiles. A defective automobile is a danger to its driver, passengers and others sharing the road. Whether it is a design defect, a manufacturing defect or a warning defect, legal remedies may be available to those injured due to a defective product. However, what remedies -- if any -- are available depends on the circumstances surrounding the case, and no two cases are alike. Products liability attorneys in California can provide more information to those who have questions about this area of law.]]>On behalf of The Costa Law Firmhttps://www.thecostalawfirm.com/?p=482152020-03-11T05:22:29Z2020-03-11T05:22:28Znoncompete agreement is a contract between an employee and employer in which the employee agrees that they will not compete with the employer for a certain amount of time after leaving the employer’s employment. This may mean an employee cannot work for a competitor for a certain time period or take away customers from the employer for a certain amount of time.
In California, noncompete agreements are generally considered void. According to some, they impede one’s inalienable freedom to work, they protect the ongoing flourishment of the free market and they prevent a chilling effect on innovations -- something that is key in California’s technology industry.
However, there are those who say that employers have more interest in investing in employment training when they know employees will not leave and take that knowledge to a competitor. Some will also argue that employers have an interest in protecting their trade secrets. Thus, noncompete litigation can take place when an employee wishes to strike down a noncompete agreement or an employer wishes to enforce one.
Whether California law strikes a balance between protecting both employees and employers may be disputed by some. It is important that those who have questions about the enforceability of a noncompete agreement seek the help they need to understand their legal options. Employment law attorneys in California understand the state’s laws on this topic and may be a useful resource.]]>